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Navigating Through the Ethical Thicket in Reinsurance Arbitrations: A Panel Discussion and Workshop

Panel Discussion:

This panel will consider recent case law addressing ethical issues in reinsurance arbitrations and key ethical issues which affect the fairness and integrity of the reinsurance arbitration process, such as limits on the partisanship of party arbitrators, what constitutes “evident partiality,” the type of disclosures which should be required of arbitrators and umpires, the impact on umpire neutrality of party arbitrator appointments by one of the parties to an arbitration, problems with “gaming the system” in the umpire selection process, and the advisability of creating more stringent guidelines to address the conduct of party arbitrators and umpires.

Presenters:

Wm. Gerald McElroy, Jr. (Moderator), Zelle Hofmann Voelbel & Mason LLP

John Dattner, Reinsurance Arbitration and Consultation Services

Mark S. Gurevitz, The Hartford

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Interactive Workshop:

Case scenarios and problems will be used to illustrate the ethical problems discussed by the panel and to develop
potential solutions to those problems. All attendees will participate in a discussion of the ethical conundrums that arise in the context of a reinsurance arbitration and be invited to offer their ideas and strategies for practical ways to address the issues. The workshop will conclude with a demonstration of how these ethical issues play out before a mock panel.

Presenters:

William N. Erickson, Robins, Kaplan, Miller & Ciresi, LLP (Moderator)

Andrew Maneval, Chesham Consulting, LLC

Adam I. Stein, Ropes & Gray, LLC

Paul E. White, Sugarman, Rogers, Barshak & Cohen, P.C.

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